PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

APPELLATE DIVISION DOCKET NO. CAF 07-02412
DOCKET NO. NN-10375-06

MATTER OF NATHANIEL K. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; AARON K., RESPONDENT-APPELLANT, AND MARLENE K., RESPONDENT.

Respondent-appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on October 18, 2007, and for assignment of counsel, and for other relief,

Now, upon reading and filing the affidavit of Aaron K., sworn to January 15, 2008, the notice of motion with proof of service thereof, the affirmation of Charles D. Halvorsen, Esq., dated January 18, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED that David J. Pajak, Esq., 13179 Broadway, Suite 2, Alden, New York 14004, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Erie County, is hereby directed to provide David J. Pajak, Esq. with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based, and

It is further ORDERED that the transcripts, if any, shall be filed with the Clerk of the Family Court, Erie County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7).

Entered: March 4, 2008

JOANN M. WAHL, Clerk